December is not exactly peak fireworks season, even if one accounts for New Year’s festivities. But it’s a good time to revisit the state’s law on consumer pyrotechnics.
With summer celebrations months away, this is an ideal moment to consider repealing or at least changing Pennsylvania’s dangerous approach to public use of fireworks. So we were pleased to see that state representatives and senators held a joint hearing last week on the issue and heard from many people who are frustrated with the current state of affairs.
Local officials and emergency responders outlined a host of problems that have developed since the Legislature changed fireworks regulations four years ago, legalizing a more potent variety of fireworks for consumer use.
Fire chiefs testified to the tremendous danger these fireworks pose to people and property. Police leaders spoke about personnel being run ragged trying to track down fireworks complaints around the Fourth of July. And municipal officials said the situation is putting a great strain on local governments’ public safety resources.
Amy Sturges, director of governmental affairs for Pennsylvania Municipal League, said repealing the law is the only meaningful way to address the issue because enforcement is nearly impossible.
“And if repeal is not on the table, local control is the key to more effective management,” she said. “The one-size-fits-all approach of the current law is not appropriate because the makeup of municipalities varies considerably. Local officials need the flexibility to decide locally how best to approach consumer fireworks in their communities.”
We agree that repeal would be the best option. As long as more powerful airborne fireworks are available for sale and easy to find, many people are going to use them without regard to restrictions on their use. The current law bars use of fireworks within 150 feet of occupied structures, establishes a minimum age of 18 for lighting pyrotechnics and bars use of fireworks while intoxicated. Such rules are flouted routinely, and no effort at education is likely to change that. The best communities can do is try to make examples of violators and let word get out that these practices no longer are tolerated. But the law’s $100 fine for breaking the rules is hardly a great deterrent.
The good news from last week’s hearing is that there seems to be general agreement that something needs to be done to address the situation. But according to state Sen. Judy Schwank, a leader in fighting for a change to the law, there’s no consensus on what to do next.
Given the considerable tax revenue produced by the fireworks law and an apparent desire among some lawmakers to keep business interests and pyrotechnics-loving constituents happy, a full repeal seems unlikely.
Perhaps the best outcome for the time being is to give local governments clear authority to establish their own rules for when and where fireworks may be lit and to enact tougher fines for violations. But we must warn that as long as the state allows dangerous explosives in the hands of the general public, there will continue to be tragic consequences along with lots of complaints about late-night noise. Even stronger municipal regulations won’t erase the insurmountable challenge police and firefighters face around the Fourth of July, when fireworks are going off in all directions hour after hour.
In the meantime we encourage people who are unhappy with the new fireworks law to let their lawmakers know about it. Schwank and fellow Berks County lawmaker Rep. Mark Gillen are pushing hard for changes to the law because so many constituents have expressed their unhappiness. Clearly more legislators need to get the message. This should be an area of broad agreement. Most people like to have peace and quiet at night regardless of their political affiliation. And it’s in everyone’s interests to prevent fires and injuries.
Last week’s discussion was a good step toward solving the problem. We urge lawmakers to follow it up by addressing this important issue forcefully.
Source: Berkshire mont
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